United States v. Jaramillio

OPINION OF THE COURT

FOREMAN, Judge:

The appellant was convicted of two periods of unauthorized absence in violation of Article 86, Uniform Code of Military Justice, 10 U.S.C. § 886 (1976), and sentenced to a bad-conduct discharge, which was approved by the convening authority.

During sentencing, the trial counsel presented the appellant’s DA Form 2-1 (Personnel Qualification Record — Part II, *783January 1973) to the court members and called specific attention to Item 35, showing that the appellant previously had been a “trainee” at the US Army Retraining Brigade. The trial defense counsel had…